IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20160003738 BOARD VOTE: ___x_____ __x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20160003738 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 12a of her DD Form 214 for the period ending 10 July 2009 “2008 01 15.” __________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20160003738 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 July 2009 to show her date of entry (DOE) on active duty as 15 January 2008. 2. The applicant states she entered active duty as a member of the U.S. Army Reserve (USAR). The DOE on her DD Form 214 shows she entered active duty on 4 December 2008, almost a year after her actual DOE of 15 January 2008. 3. The applicant provides copies of: * DD Form 214 * Orders 08-005-00092, Army Reserve Medical Command, Pinellas Park, Florida, dated 5 January 2008 * Orders 08-005-00094, Army Reserve Medical Command, Pinellas Park, Florida, dated 5 January 2008 * Orders A-11-822501, U.S. Army Human Resources Command (HRC), dated 7 November 2008 * Orders A-11-822501A02, HRC, dated 7 July 2009 * Orders 190-0109, U.S. Army Installation Management Command (IMC), Fort Sam Houston, Texas, dated 9 July 2009 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. Orders 08-005-00092, Army Reserve Medical Command, dated 5 January 2008, as provided by the applicant, indicate that she was ordered to active duty as a member of the USAR in support of Operation Enduring Freedom, with a 15 January 2008 report date. 3. Orders 190-0109, IMC, Fort Sam Houston, Texas, dated 9 July 2009, as provided by the applicant, indicate that she was released from active duty effective 10 July 2009 and assigned to the 6252 U.S. Army Hospital Detachment in San Diego, California. 4. A DD Form 214, provided by the applicant, shows in item 12 (Record of Service) her DOE as 4 December 2008, her date of separation as 10 July 2009; and her net active service for this period as 1 year, 5 months, and 26 days. REFERENCES: Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that the DD Form 214 summarized a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It required entries in item 12 showing the DOE, date of separation from active duty and the net active duty service for the current period. DISCUSSION: 1. The applicant contends that her DD Form 214 for the period ending 10 July 2009 should be corrected to show she entered active duty on 15 January 2008. 2. A review of her DD Form 214 revealed that the difference between the reported DOE of 4 December 2008 and separation date of 10 July 2009 equals only 7 months and 7 days. However, the form indicates she completed 1 year, 5 months and 26 days of active duty service during the period in question. When calculating her active duty service using 15 January 2008, the date indicated on her orders, the period of active duty service matches what is shown on the DD Form 214. 3. In view of the above, the DOE shown on the DD Form 214 is an obvious error. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003738 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003738 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2